PART 1GENERAL
CHAPTER 3MATERIAL SCOPE
SECTION 2Excluded contracts and design contests; special provisions for procurement involving defence and security aspects
Activities directly exposed to competition34
1
These Regulations do not apply to contracts or design contests intended to enable an activity mentioned in regulations 9 to 15 to be carried out where that activity is directly exposed to competition on markets to which access is not restricted.
2
For the purposes of paragraph (1), the activity is directly exposed to competition on markets to which access is not restricted only if—
a
the activity is covered by the following Commission Decisions:—
i
Commission Decision 2006/211/ECM1 (electricity generation in England, Scotland and Wales);
ii
Commission Decision 2007/141/ECM2 (supply of electricity and gas in England, Scotland and Wales); and
F1b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
The activity referred to in paragraph (1) may form a part of a larger sector or be exercised only in certain parts of the United Kingdom.